I was having a conversation with a new friend a few days ago and while we were talking about our respective jobs, she mentioned that he has two convictions from a decade or so ago for alcohol-related offenses. She noted the embarrassment that she would encounter if certain people in her life ever discovered the convictions and also stated that she had previously had problems related to hiring and promoting in her career field.

I asked if she had ever looked into expungement and she hesitantly remarked that she had never thought about it.

Surprisingly, this is a typical reaction to the idea of expungement. Most people assume the process is expensive. Almost everyone assumes that Indiana's conservative political tendencies mean the deck is stacked against them. 

But neither is true. In fact, the process can be quick, easy, and affordable in most cases.

Dismissed Cases and Acquittals 

Some of the most damning criminal records available for public access are those in cases where convictions were never entered. Despite no wrongdoing, individuals can be unfairly colored by "facts" of the case provided in police reports, allegations levied in charging documents, and assumptions made by those who discover such documents.

But the only thing keeping those people who were acquitted or had their case dismissed from preventing anyone from seeing those records is inaction when it comes to expungement. 

So long as one year has passed from the date charges were filed, a person can petition for expungement and will automatically (the trial court has no discretion and must grant the petition) have all records related to the arrest and charges sealed from public access.

Misdemeanor Convictions

Likewise, when it comes to misdemeanor convictions, so long as the statutorily required waiting period has passed - five years in the case of misdemeanor convictions - trial courts have no discretion to deny expungement petitions and must grant them.

But be warned! The automatic nature of these expungement petitions does not mean they should be taken for granted.

Indiana law permits only one expungement petition to be filed in a person's lifetime, and there are statutory requirements regarding form and filing that can make these cases more complex than they appear on their face. Hiring an experienced attorney like Alex Robbins can make all the difference when it comes to ensuring the expungement process is smooth and successful.
 

Level 6/Class D Felony Convictions 

Even low-level felony convictions can qualify for automatic expungement, so long as the required waiting period of eight years has passed. However, some individuals with felony convictions are not permitted to seek expungement under the statutory section that permits these non-discretionary orders sealing records. These individuals include sex or violent offenders, those persons convicted of official misconduct, and persons convicted of two unrelated felonies that involved the use of a deadly weapon.

Major Felony Convictions and Other Cases

Those individuals, as well as persons convicted of major felonies, can still seek expungement; however, the trial court has discretion to deny these petitions on any grounds. So what becomes important in such cases is crafting a compelling narrative that persuades and convinces the court that the petitioner is worthy of a second chance by clearing their criminal records.

Frequently Asked Questions: 

Q: If my cases or records will be automatically expunged, do I need an attorney?

A: While the court may not have the discretion to deny your petition on the merits so long as the conviction type and timeframe meet the standards set forth in the expungement statues, you still have to comply with form requirements and make sure you file the petition in the proper court. Moreover, if you have multiple cases - particularly if you have cases in more than one county - the limit of one petition per lifetime will add even more complexity to your expungement journey. No matter the circumstances of your case(s), an experienced expungement attorney can ensure that your rights are protected and that you won't have detrimental results if you make a mistake because you represent yourself.

Q: If I can only file one petition in my lifetime, does that mean I have to choose which conviction I want to expunge the most?

A: No. Typically, if you have multiple cases in the same county, even if the cases were in different courts, you can seek expungement by filing a single petition. And if you have to file separate petitions in multiple counties, the statutes define a single petition as any petition filed within one year from the filing date of the first petition. This means that you can seek expungement of any conviction in any county, no matter the number of actual petitions filed, so long as each petition is filed within 365 days of the first.

Q: Is there anything that can be done to let me file a petition before the mandatory waiting period passes?

A: Sometimes, yes. In any expungement case, a petition can be filed early (before the statutory waiting period expires) if the prosecuting attorney consents to the early filing. Prosecutors generally deny such requests unless a compelling reasons exists, such as the petitioner needing expungement to boost employment advancement possibilities, to be admitted to an academic program, or for other life improvement purposes.

Q: My conviction is one that is discretionary and the trial court could decline to expunge. Is it worth trying?

A: Absolutely! First, the worst thing that can happen is the court says no and you remain in the same position you're in today. But in many cases, when a person can demonstrate that he or she has made significant changes in life since the conviction, judges find that the person is exactly who the legislature had in mind when they decide to offer second chances via expungement. But again, success typically requires a carefully crafted message that highlights those significant changes and shows that the person is worthy.

Q: How can attorney Alex Robbins help me?

A: Alex has served as a prosecuting attorney in more than 400 expungement cases. He has seen everything imaginable in the expungement realm, including the types of letters of recommendations, personal statements, and narratives that persuade prosecutor's to consent to early expungements or waive objections in discretionary cases, and those that convince judges that a petitioner is worthy of the second chances expungements afford. He has also represented countless clients in their pursuit of expungement and is well-versed in the complexities of expungement law, including assisting clients with discretionary convictions, convictions spanning across multiple counties, and those who require prosecutorial consent. In short, Alex significant, diverse expungement experience that provides value to any client seeking any type of expungement. Call today or schedule a free consultation to learn how he can help you.